[House Report 106-745]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-745
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VIRGIN ISLANDS AND GUAM CONSTITUTIONAL SELF-GOVERNMENT ACT OF 2000
_______
July 17, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3999]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3999) to clarify the process for the adoption of local
constitutional self-government for the United States Virgin
Islands and Guam, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virgin Islands and Guam Constitutional
Self-Government Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Congress established a process in 1976 for the United
States territories of the Virgin Islands and Guam to advance
local self-government by the adoption of constitutions through
their respective internal political processes, pursuant to
Public Law 94-584 (90 Stat. 2899), but did not require review
and approval of those constitutions by Congress.
(2) The Virgin Islands and Guam have not adopted
constitutions as authorized and therefore, Congress has enacted
amendments to the underlying Federal laws establishing local
territorial government, the Revised Organic Act of the Virgin
Islands, approved by Congress on July 22, 1954 (68 Stat. 497),
and the Organic Act of Guam, approved by Congress on August 1,
1950 (64 Stat. 384), respectively, in response to periodic
petitions from the Virgin Islands and Guam for various changes
to the three branches of government of those territories.
(3) Congress has been requested to amend the existing Federal
authorization for constitutional government (Public Law 94-584;
90 Stat. 2899), to assure the people of the Virgin Islands and
Guam that adoption of a constitution would not preclude their
further right to self-determination.
(4) Review and approval by Congress of any proposed
constitution would ensure that the constitution--
(A) is consistent with the sovereignty of the United
States in the Virgin Islands and Guam, respectively,
and the provisions of the United States Constitution,
treaties and laws applicable to the Virgin Islands and
Guam, respectively;
(B) provides for a republican form of government,
consisting of three branches (executive, legislative,
and judicial); and
(C) contains a bill of rights.
SEC. 3. CLARIFYING AMENDMENTS.
(a) Congressional Approval of Constitution.--Section 5 of Public Law
94-584 (90 Stat. 2900) is amended by inserting ``, which may include
recommendations regarding which provisions of the relevant organic Act
should be repealed when the constitution takes effect,'' after
``together with his comments''.
(b) Self-Determination Not Affected.--Public Law 94-584 (90 Stat.
2899 et seq.) is amended by adding at the end the following new
section:
``Sec. 6. Establishment of local constitutional self-government
pursuant to this Act shall not preclude or prejudice the further
exercise in the future by the people of Guam or the Virgin Islands of
the right of self-determination regarding the ultimate political status
of either such territory.''.
PURPOSE OF THE BILL
The purpose of H.R. 3999 is to clarify the process for the
adoption of local constitutional self-government for the United
States Virgin Islands and Guam, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Congress first authorized legislation for constitutions for
the organized but unincorporated United States territories of
Guam and the Virgin Islands in 1976. However, since enactment
of Public Law 94-584, neither territory has succeeded in
adopting a constitution as intended by Congress.
Absent constitutions, the governments of Guam and the
Virgin Islands have continued to operate under federal organic
and revised organic acts enacted in the 1950s. Territorial
leaders from both governments have petitioned Congress during
the past five years for numerous changes to outdated provisions
affecting the executive, legislative, or judicial branches.
Congress responded by conducting oversight in the islands and
public hearings on a number of these requests for change to the
respective organic acts, while reaffirming the preference that
these decisions should be made locally under a constitutional
system, rather than by Congress. However, it became apparent
during these hearings that the failure to adopt a constitution
was in part due to uncertainty regarding the existing process
as authorized by Public Law 94-584 and the effect on the right
to self-determination. The Guam Legislature petitioned Congress
to clarify that the adoption of a constitution would not affect
the territories' right of self-determination. Guam Resolution
No. 85, enacted September 15, 1997, asks Congress to add a new
section to the current authorization stating: ``Establishment
of local constitutional self-government would not preclude or
prejudice the further exercise in the future by the people of
Guam or the Virgin Islands of the right of self-determination
regarding the ultimate political status of either such
territory.'' H.R. 3999 was introduced using the exact language
requested by Guam Resolution No. 85 to add a new section 6 to
Public Law 94-584, and to further clarify the process for the
adoption of local constitutional self-government by the Virgin
Islands and Guam.
COMMITTEE ACTION
H.R. 3999, was introduced on March 16, 2000, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Resources. On May 17, 2000, the Committee held a hearing on the
bill. On May 24, 2000, the Committee met to mark up the bill.
Chairman Don Young offered an amendment to include the
Administration's suggestion that the President be required to
specify which provisions of the territory's organic act will be
repealed at the time the President forwards the proposed
constitution. The responsibility then would be on the
Administration and Congress to act on any repeal of sections of
the organic act within the 60 legislative days after the
constitution is submitted to Congress. This latter change
eliminates the primary basis for the requirement in H.R. 3999
as introduced for a separate act of Congress approving a
proposed territorial constitution, and instead, leaves the
underlying provision of Public Law 94-584 in place, wherein the
constitution would be deemed to be approved by Congress after
sixty legislative days. The amendment also eliminates the
reference to municipal government in the findings section,
thereby leaving the adoption of municipal or county government
as an optional and not mandatory provision of a new
constitution. The amendment was adopted by voice vote. The bill
as amended was then ordered favorably reported to the House of
Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article IV, section 3 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of Rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of Rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 30, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman. The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3999, the Virgin
Islands and Guam Constitutional Self-Government Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3999--Virgin Islands and Guam Constitutional Self-Government Act
of 2000
H.R. 3999 would amend Public Law 94-584, which authorizes
the Virgin Islands and Guam to adopt local constitutions.
Specifically, the bill would clarify that adopting a local
constitution would not limit the rights of the citizens in
determining the ultimate political status of either territory.
CBO estimates that implementing H.R. 3999 would have no
budgetary impact. Because the bill would not affect direct
spending or receipts, pay-as-you-go procedures would not apply.
H.R. 3999 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The CBO staff contact is John R. Righter. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
This bill is not intended to preempt any State, local, or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
ACT OF OCTOBER 21, 1976
AN ACT To provide for the establishment of constitutions for the Virgin
Islands and Guam
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
Congress, recognizing the basic democratic principle of
government by the consent of the governed, authorizes the
peoples of the Virgin Islands and of Guam, respectively, to
organize governments pursuant to constitutions of their own
adoptions as provided in this Act.
* * * * * * *
Sec. 5. Within sixty calendar days after the respective date
on which he has received each constitution, the President shall
transmit such constitution together with his comments, which
may include recommendations regarding which provisions of the
relevant organic Act should be repealed when the constitution
takes effect, to the Congress. The constitution, in each case,
shall be deemed to have been approved by the Congress within
sixty legislative days (not interrupted by an adjournment sine
die of the Congress) after its submission by the President,
unless prior to that date the Congress has approved the
constitution, or modified or amended it, in whole or in part,
by joint resolution. As so approved or modified, the
constitutions shall be submitted to the qualified voters of the
Virgin Islands and Guam, respectively, for acceptance or
rejection through islandwide referendums to be conducted as
provided under the laws of the Virgin Islands and Guam,
respectively, (enacted after the date of enactment of this
Act). Upon approval by not less than a majority of the voters
(counting only the affirmative or negative votes) participating
in such referendums, the constitutions shall become effective
in accordance with their terms.
Sec. 6. Establishment of local constitutional self-government
pursuant to this Act shall not preclude or prejudice the
further exercise in the future by the people of Guam or the
Virgin Islands of the right of self-determination regarding the
ultimate political status of either such territory.
A P P E N D I X
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Guam Legislature Resolution No. 85, September 15, 1997
Relative to requesting the 105th Congress to amend the
Organic Act by adding a new Section 6, to confirm that the
adoption of a Constitution establishing local government shall
not preclude or prejudice the further exercise in the future by
the people of Guam of the right of self-determination regarding
the ultimate political status of Guam.
Be it resolved by the Legislative of the Territory of Guam:
Whereas, in 1976 the United States Congress enabled the
people of Guam, pursuant to P.L. No. 95-584, to organize a
government under a constitution of our own adoption, which upon
approval by Congress and the people of Guam, would provide for
local government over the internal affairs of our Island; and
Whereas, when the current government of Guam structure for
territorial government was established under the 1950 Organic
Act, it was welcomed by the people of Guam as progress toward
greater local government, but it was instituted without the
consent of the people of Guam through a democratic act of self-
determination or participation in the Federal lawmaking process
on the basis of equal citizenship or equal representation; and
Whereas, the 1997 Constitution of Guam, drafted pursuant to
Federal and local statutes, was approved by Congress but was
not approved by the people of Guam in the 1979 referendum; and
Whereas, the process of establishment of internal local
government under a local constitution was suspended after
linkage was created between the draft constitution and the
political status process; and
Whereas, in light of representation and speculations
inconsistent with the foregoing from 1979 to the present, it is
essential for Congress to confirm its original and continued
intention and expectation that authorization and approval of
local constitutional government in Guam would not preclude or
be prejudicial to the exercise of the right to self-
determination, as part of the process through which ultimate
political status of the territory of Guam is to be determined,
now therefore, be it
Resolved, by the Guam Legislature, on behalf of the people
of Guam, request the One Hundred and Fifth Congress of the
United States to amend Public Law No. 94-585, Oct. 21, 1976, 90
Stat. 2899, as amended by Public Law No. 96-597, Title V. Sec.
501, Dec. 24, 1980, 94 Stat. 3479, by adding a new Section 6 to
read as follows:
``Section 6. Establishment of local constitutional local
government pursuant to this Act shall not preclude or prejudice
the further exercise in the future by the people of Guam or the
Virgin Islands of the Rights of self-determination regarding
the ultimate political status of either territory.'' and be it
further.
Resolved, that the Speaker certifies to, and the
Legislative Secretary attests, the adoption hereof and that
copies thereafter be transmitted to the President of the United
States of America; to the President Pro Tempore, United States
Senate; to the Majority Leader, United States Senate; to the
Majority Leader, United States Senate; to the Chairman of the
Committee of Energy and Natural Resources, United States
Senate; to the Speaker, U.S. House of Representatives; to the
Majority Leader, U.S. House of Representatives; to the Minority
Leader, U.S. House of Representatives; to the Chairman of the
Committee on Resources, U.S. House of Representatives; to the
Resident Commissioner of Puerto Rico, U.S. House of
Representatives; to the Virgin Islands Delegate to Washington,
U.S. House of Representatives; to the Guam Delegate to
Washington, U.S. House of Representatives; to the President of
the Mayor's Council, and to the Honorable Carl T. C. Gutierrez,
Governor of Guam.
Duly and regularly adopted on the 15th day of September,
1997.
Anthony C. Blaz,
Acting Speaker,
Joanne M. S. Brown,
Senator and Legislative
Secretary.